Becker v. . Howard
New York Court of Appeals
Aureal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Eeported below, 4 Hun, 359.) This was an action for trespass upon certain lands in Cattaraugus county. Both parties claimed title to the locus m quo. Plaintiff claimed title under a foreclosure and sale of the premises upon a mortgage duly recorded.
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Aureal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Eeported below, 4 Hun, 359.) This was an action for trespass upon certain lands in Cattaraugus county. Both parties claimed title to the locus m quo. Plaintiff claimed title under a foreclosure and sale of the premises upon a mortgage duly recorded. The action for foreclosure was commenced August 17, 1868. Defendants were not made parties. Judgment was perfected January 7, 1869, and the…
1Opinion of the Court
Per Cwriam.
The court necessarily decided, in affirming the judgment of the court below, that the plaintiff did not, either as mortgagee or as purchaser under the foreclosure sale, acquire a title to the premises, as against the defendants, grantees of the State under a sale for the non-payment of taxes. Ho other question was involved in or presented by the appeal. An opinion would have been but an elaboration of the reasons leading to the result as declared. The motion for a reargument appears to be chiefly with a view to a settlement of some question which may arise in other pending actions.…
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- Gillespie v. Board of SupervisorsNew York Supreme Court · 1942
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